Dred Scott v. Sandford · US History

In the context of the Dred Scott case, what does the term 'obiter dictum' refer to?

  1. The official written decree of a state supreme court
  2. A legal command issued by the President to the Court
  3. Comments in an opinion that are not necessary to the decision
  4. The process of transferring a case from state to federal court
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Correct answer: Comments in an opinion that are not necessary to the decision

Critics argued that once Taney ruled the Court lacked jurisdiction because Scott wasn't a citizen, the rest of his opinion (striking down the Missouri Compromise) was 'obiter dictum.' This meant they believed the ruling on slavery in territories was an unnecessary political statement.

Difficulty: Medium Question 9 of 20

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